This End User License Agreement ("Agreement") is entered into by and between Exonicus (defined below) and the party who downloads the software (“you”) and governs your download and installation of, and access to and use of, the virtual reality application “Trauma Simulator” (the "Licensed Application") on and with the devices, peripherals and other hardware (the "Equipment"). This Agreement is a binding agreement between you and Exonicus, INC. and it supersedes any prior written or oral agreement or terms of use.

Ownership of the Licensed Application and Equipment. The Licensed Application are the valuable property of Exonicus and our licensors and are protected by copyright and other intellectual property laws and treaties. Trauma Simulator, and our licensors, own all right, title and interest in and to the Licensed Application, including all copyright and other intellectual property rights therein. Exonicus reserves all rights not expressly granted to you in this Agreement.

Scope of License to the Licensed Application. The Licensed Application are licensed, not sold, to you. Subject to the terms and conditions of this Agreement, Exonicus grants you a limited, non-exclusive, non-transferable license to download, install and use the Licensed Application. You acknowledge that Exonicus may electronically access the Licensed Application and Equipment to push upgrades to the Licensed Software, diagnose problems with the Licensed Application or Equipment, or to enforce any of its rights under, and in accordance with, this Agreement. The terms of this license will govern any upgrades provided by Exonicus that replace or supplement the original License Application or Equipment, unless an upgrade is accompanied by a separate license, in which case the terms of that separate license will govern.

License Restrictions. The license granted to you does not allow you to do any of the following: (a) install, use or authorize the installation of the Licensed Application on any system, computer or equipment other than the Equipment; (b) distribute, copy, license, rent, sell, publish, lease or otherwise transfer the Licensed Application (except as expressly permitted by this Agreement) or any proprietary materials of Exonicus to any third party; (c) reverse engineer, decompile, disassemble or attempt to discover any source code or trade secrets related to the Licensed Application, Equipment or any proprietary materials of Exonicus; (d) modify, alter or create any derivative works of the Licensed Application or based on any proprietary materials of Exonicus; (e) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Licensed Application; (f) work around any technical limitations in the Licensed Application; or (g) use the Licensed Application for purposes for which each was not designed. Unless explicitly stated herein or otherwise by Exonicus, nothing in this Agreement shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. If you breach any of these restrictions, you are responsible for all damages done and will be held liable in accordance with the law.

Consent to Collect and Use of Data. You agree that Exonicus may collect and use information about you, including but not limited to information about your use of the Licensed Application, Equipment, system, and application software and peripherals, that is gathered in connection with your use of the Licensed Application.

No Warranty. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE LICENSED APPLICATION AND EQUIPMENT MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE LICENSED APPLICATION AND EQUIPMENT IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED APPLICATION AND EQUIPMENT ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. EXONICUS DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. EXONICUS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE LICENSED APPLICATION OR ANY SERVICE THAT THE LICENSED APPLICATION IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. EXONICUS DOES NOT REPRESENT OR WARRANT THAT THE LICENSED APPLICATION WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXONICUS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IN THE EVENT THAT THE LICENSED APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. EXONICUS RESERVES THE RIGHTS TO TERMINATE, CHANGE THE TERMS OF THE LICENSE AGREEMENT AT ANY TIME.

Third Party Claims. If any third party notifies you of any third party claims that the Licensed Application, or your possession or use thereof, infringe any intellectual property rights of a third party, you agree to promptly contact Exonicus and provide a description of the nature or basis of the alleged claim. Exonicus will have sole discretion to terminate the license granted herein, settle or defend the claim.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EXONICUS AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR DOWNLOAD OR INSTALLATION OF, OR ACCESS TO, THE LICENSED APPLICATION, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF EXONICUS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination. Any use of the Licensed Application other than as specifically authorized under this Agreement or the Additional Terms, without the prior written permission of Exonicus, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You may terminate this Agreement at any time by (a) ceasing use of the Licensed Application (b) deleting all copies of the Licensed Application in your possession or control. Exonicus reserves the right to terminate this Agreement at any time, for any or no reason. In the event of termination, the license granted to you herein will automatically terminate and you must immediately cease all use of the Licensed Application, destroy all copies of the Licensed Application within your possession or control.


This Agreement is valid until it is fulfilled or Exonicus withdraws any of these terms in writing of this Agreement.

Modifications. Exonicus reserves the right to modify or discontinue, temporarily or permanently, the Licensed Application (or any features or portions thereof) without prior notice. You agree that Exonicus will not be liable for any modification, suspension or discontinuance of the Licensed Application (or any part thereof).

Severability. If any provision of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable.

Governing Law and Venue. This Agreement and your download and installation of, and access to, the Licensed Application will be governed and interpreted in accordance with the laws of the Republic of Latvia. Each party irrevocably consents to the jurisdiction and venue of the state courts located of the State of Washington, United States of America.

Email: sandis.kondrats@traumasimulator.com